Small Claims: Upcoming Increase of the Ceiling to $15,000

On September 30, 2104, the Minister of Justice introduced Bill n°14: An Act to amend the Code of Civil Procedure and other provisions seeking principally to increase the ceiling of the jurisdiction of the Small Claims Division of the Court of Quebec from $7,000 to $15,000, and diminishing accordingly the jurisdiction of the Court of Quebec.

This amendment more than doubles the limit amount for claims that can be instituted before that Tribunal.

Despite this increase, Bill no. 14 does not modify the rules pertaining to the representation of parties before the Small Claims Division of the Court of Quebec. Consequently, the parties, both physical and legal persons, still have to represent themselves without representation by counsel, unless the case raises a complex legal issue and with the consent of the chief judge of the Court of Quebec.¹

As a reminder, a claim before the Small Claims Division of the Court of Quebec can only be instituted by a physical person or a legal person, a partnership or an association only if, at all times during the 12-month period preceding the claim, it had no more than five persons under its direction or control resulting from a contract of employment.² A physical or legal person facing a small claim cannot seek a transfer before another tribunal.

The Minister of Justice has mentioned that Bill no. 14 could enter into force on January 1, 2015, if the legislative agenda permits.

On October 7, 2014, Bill no. 14 was adopted in principle by the Assemblée nationale.